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(continued)
values of Everglades National Park and to enhance and restore the
ecological values, natural hydrologic conditions, and public
enjoyment of such area by adding the area commonly known as the
Northeast Shark River Slough and the East Everglades to
Everglades National Park; and
(2) assure that the park is managed in order to maintain the
natural abundance, diversity, and ecological integrity of native
plants and animals, as well as the behavior of native animals, as
a part of their ecosystem.
(c) Definitions
As used in sections 410r-5 to 410r-8 of this title:
(1) The term "Secretary" means the Secretary of the Interior.
(2) The term "addition" means the approximately 107,600 acre
area of the East Everglades area authorized to be added to
Everglades National Park by sections 410r-5 to 410r-8 of this
title.
(3) The term "park" means the area encompassing the existing
boundary of Everglades National Park and the addition area
described in paragraph (2).
(4) The term "project" means the Central and Southern Florida
Project.

-SOURCE-
(Pub. L. 101-229, title I, Sec. 101, Dec. 13, 1989, 103 Stat.
1946.)


-MISC1-
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-82, Sec. 1, Nov. 13, 1997, 111 Stat. 1540, provided
that: "This Act [amending section 410r-7 of this title, enacting
provisions set out as a note under section 410r-7 of this title,
and amending provisions listed in a table of Wilderness Areas set
out under section 1132 of this title] may be cited as the 'Marjory
Stoneman Douglas Wilderness and Ernest F. Coe Visitor Center
Designation Act'."

SHORT TITLE
Section 1 of Pub. L. 101-229 provided that: "This Act [enacting
this section and sections 410r-6 to 410r-8 of this title] may be
cited as the 'Everglades National Park Protection and Expansion Act
of 1989'."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410r-6, 410r-7, 410r-8 of
this title.

-End-



-CITE-
16 USC Sec. 410r-6 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK

-HEAD-
Sec. 410r-6. Boundary modification

-STATUTE-
(a) Area included
The park boundary is hereby modified to include approximately
107,600 acres as generally depicted on the map entitled "Boundary
Map, Everglades National Park Addition, Dade County, Florida",
numbered 160-20,013B and dated September 1989. The map shall be on
file and available for public inspection in the offices of the
National Park Service, Department of the Interior.
(b) Boundary adjustment
The Secretary may from time to time make minor revisions in the
boundaries of the park in accordance with section 460l-9(c) of this
title. In exercising the boundary adjustment authority the
Secretary shall ensure all actions will enhance resource
preservation and shall not result in a net loss of acreage from the
park.
(c) Acquisition
(1) Within the boundaries of the addition described in subsection
(a) of this section, the Secretary may acquire lands and interests
in land by donation, purchase with donated or appropriated funds,
or exchange. For purposes of acquiring property by exchange, the
Secretary may, notwithstanding any other provision of law, exchange
the approximately one acre of Federal land known as "Gilberts'
Marina" for non-Federal land of equal value located within the
boundaries of the addition. Any lands or interests in land which
are owned by the State of Florida or any political subdivision
thereof, may be acquired only by donation.
(2) It is the express intent of Congress that acquisition within
the boundaries of the addition shall be completed not later than 5
years after December 13, 1989. The authority provided by this
section shall remain in effect until all acquisition is completed.
(d) Acquisition of tracts partially outside boundaries
When any tract of land is only partly within boundaries referred
to in subsection (a) of this section, the Secretary may acquire all
or any portion of the land outside of such boundaries in order to
minimize the payment of severance costs. Land so acquired outside
of the boundaries may be exchanged by the Secretary for non-Federal
lands within the boundaries, and any land so acquired and not
utilized for exchange shall be reported to the General Services
Administration for disposal under the Federal Property and
Administrative Services Act of 1949 (63 Stat. 377).
(e) Offers to sell
In exercising the authority to acquire property under sections
410r-5 to 410r-8 of this title, the Secretary shall give prompt and
careful consideration to any offer made by any person owning
property within the boundaries of the addition to sell such
property, if such owner notifies the Secretary that the continued
ownership of such property is causing, or would result in undue
hardship.
(f) Authorization of appropriations
(1) Subject to the provisions of paragraph (2), there are hereby
authorized to be appropriated such sums as may be necessary to
carry out the provisions of sections 410r-5 to 410r-8 of this
title.
(2) With respect to land acquisition within the addition, not
more than 80 percent of the cost of such acquisition may be
provided by the Federal Government. Not less than 20 percent of
such cost shall be provided by the State of Florida.
(g) Assistance
Upon the request of the Governor of the State of Florida, the
Secretary is authorized to provide technical assistance and
personnel to assist in the acquisition of lands and waters within
the Kissimmee River/Lake Okeechobee/Everglades Hydrologic Basin,
including the Big Cypress Swamp, through the provision of Federal
land acquisition personnel, practices, and procedures. The State of
Florida shall reimburse the Secretary for such assistance in such
amounts and at such time as agreed upon by the Secretary and the
State. Notwithstanding any other provision of law, reimbursement
received by the Secretary for such assistance shall be retained by
the Secretary and shall be available without further appropriation
for purposes of carrying out any authorized activity of the
Secretary within the boundaries of the park.

-SOURCE-
(Pub. L. 101-229, title I, Sec. 102, Dec. 13, 1989, 103 Stat.
1947.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter
4 of Title 41, Public Contracts, the Act was repealed and reenacted
by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410r-5, 410r-7, 410r-8 of
this title.

-End-



-CITE-
16 USC Sec. 410r-7 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK

-HEAD-
Sec. 410r-7. Administration

-STATUTE-
(a) In general
The Secretary shall administer the areas within the addition in
accordance with sections 410r-5 to 410r-8 of this title and other
provisions of law applicable to the Everglades National Park, and
with the provisions of law generally applicable to units of the
national park system, including sections 1, 2, 3, and 4 of this
title. In order to further preserve and protect Everglades National
Park, the Secretary shall utilize such other statutory authority as
may be available to him for the preservation of wildlife and
natural resources as he deems necessary to carry out the purposes
of sections 410r-5 to 410r-8 of this title.
(b) Protection of ecosystem
The Secretary shall manage the park in order to maintain the
natural abundance, diversity, and ecological integrity of native
plants and animals, as well as the behavior of native animals, as a
part of their ecosystem.
(c) Protection of flora and fauna
The park shall be closed to the operation of airboats -
(1) except as provided in subsection (d) of this section; and
(2) except that within a limited capacity and on designated
routes within the addition, owners of record of registered
airboats in use within the addition as of January 1, 1989, shall
be issued nontransferable, nonrenewable permits, for their
individual lifetimes, to operate personally-owned airboats for
noncommercial use in accordance with rules prescribed by the
Secretary to determine ownership and registration, establish
uses, permit conditions, and penalties, and to protect the
biological resources of the area.
(d) Concession contracts
The Secretary is authorized to negotiate and enter into
concession contracts with the owners of commercial airboat and tour
facilities in existence on or before January 1, 1989, located
within the addition for the provision of such services at their
current locations under such rules and conditions as he may deem
necessary for the accommodation of visitors and protection of
biological resources of the area.
(e) Marjory Stoneman Douglas Visitor Center
The Secretary is authorized and directed to expedite the
construction of the visitor center facility at Everglades City,
Florida, as described in the Development Concept Plan, Gulf Coast,
dated February 1989, and upon construction shall designate the
visitor center facility as "The Marjory Stoneman Douglas Center" in
commemoration of the vision and leadership shown by Mrs. Douglas in
the protection of the Everglades and Everglades National Park.
(f) Ernest F. Coe Visitor Center
On completion of construction of the main visitor center facility
at the headquarters of Everglades National Park, the Secretary
shall designate the visitor center facility as the "Ernest F. Coe
Visitor Center", to commemorate the vision and leadership shown by
Mr. Coe in the establishment and protection of Everglades National
Park.

-SOURCE-
(Pub. L. 101-229, title I, Sec. 103, Dec. 13, 1989, 103 Stat. 1948;
Pub. L. 105-82, Secs. 4, 5, Nov. 13, 1997, 111 Stat. 1541, 1542.)


-MISC1-
AMENDMENTS
1997 - Subsec. (c)(2). Pub. L. 105-82, Sec. 5(1), substituted
"personally-owned" for "personnally-owned".
Subsec. (e). Pub. L. 105-82, Sec. 5(2), substituted "Marjory
Stoneman Douglas Visitor Center" for "Visitor Center" in heading.
Subsec. (f). Pub. L. 105-82, Sec. 4, added subsec. (f).

FINDINGS AND PURPOSE OF 1997 AMENDMENT
Section 2 of Pub. L. 105-82 provided that:
"(a) Findings. - Congress finds that -
"(1)(A) Marjory Stoneman Douglas, through her book, 'The
Everglades: River of Grass' (published in 1947), defined the
Everglades for the people of the United States and the world;
"(B) Mrs. Douglas's book was the first to stimulate widespread
understanding of the Everglades ecosystem and ultimately served
to awaken the desire of the people of the United States to
restore the ecosystem's health;
"(C) in her 107th year, Mrs. Douglas is the sole surviving
member of the original group of people who devoted decades of
selfless effort to establish the Everglades National Park;
"(D) when the water supply and ecology of the Everglades, both
within and outside the park, became threatened by drainage and
development, Mrs. Douglas dedicated the balance of her life to
the defense of the Everglades through extraordinary personal
effort and by inspiring countless other people to take action;
"(E) for these and many other accomplishments, the President
awarded Mrs. Douglas the Medal of Freedom on Earth Day, 1994; and
"(2)(A) Ernest F. Coe (1886-1951) was a leader in the creation
of Everglades National Park;
"(B) Mr. Coe organized the Tropic Everglades National Park
Association in 1928 and was widely regarded as the father of
Everglades National Park;
"(C) as a landscape architect, Mr. Coe's vision for the park
recognized the need to protect south Florida's diverse wildlife
and habitats for future generations;
"(D) Mr. Coe's original park proposal included lands and waters
subsequently protected within the Everglades National Park, the
Big Cypress National Preserve, and the Florida Keys National
Marine Sanctuary; and
"(E)(i) Mr. Coe's leadership, selfless devotion, and commitment
to achieving his vision culminated in the authorization of the
Everglades National Park by Congress in 1934;
"(ii) after authorization of the park, Mr. Coe fought
tirelessly and lobbied strenuously for establishment of the park,
finally realizing his dream in 1947; and
"(iii) Mr. Coe accomplished much of the work described in this
paragraph at his own expense, which dramatically demonstrated his
commitment to establishment of Everglades National Park.
"(b) Purpose. - It is the purpose of this Act [see Short Title of
1997 Amendment note set out under section 410r-5 of this title] to
commemorate the vision, leadership, and enduring contributions of
Marjory Stoneman Douglas and Ernest F. Coe to the protection of the
Everglades and the establishment of Everglades National Park."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410r-5, 410r-6, 410r-8 of
this title.

-End-



-CITE-
16 USC Sec. 410r-8 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK

-HEAD-
Sec. 410r-8. Modification of certain water projects

-STATUTE-
(a) Improved water deliveries
(1) Upon completion of a final report by the Chief of the Army
Corps of Engineers, the Secretary of the Army, in consultation with
the Secretary, is authorized and directed to construct
modifications to the Central and Southern Florida Project to
improve water deliveries into the park and shall, to the extent
practicable, take steps to restore the natural hydrological
conditions within the park.
(2) Such modifications shall be based upon the findings of the
Secretary's experimental program authorized in section 1302 of the
1984 Supplemental Appropriations Act (97 Stat. 1292) and generally
as set forth in a General Design Memorandum to be prepared by the
Jacksonville District entitled "Modified Water Deliveries to
Everglades National Park". The Draft of such Memorandum and the
Final Memorandum, as prepared by the Jacksonville District, shall
be submitted as promptly as practicable to the Committee on Energy
and Natural Resources and the Committee on Environment and Public
Works of the United States Senate and the Committee on Natural
Resources and the Committee on Public Works and Transportation of
the United States House of Representatives.
(3) Construction of project modifications authorized in this
subsection and flood protection systems authorized in subsections
(c) and (d) of this section are justified by the environmental
benefits to be derived by the Everglades ecosystem in general and
by the park in particular and shall not require further economic
justification.
(4) Nothing in this section shall be construed to limit the
operation of project facilities to achieve their design objectives,
as set forth in the Congressional authorization and any
modifications thereof.
(b) Determination of adverse effect
(1) Upon completion of the Final Memorandum referred to in
subsection (a) of this section, the Secretary of the Army, in
consultation with the South Florida Water Management District,
shall make a determination as to whether the residential area
within the East Everglades known as the "Eight and One-Half Square
Mile Area" or adjacent agricultural areas, all as generally
depicted on the map referred to in section 410r-6(a) of this title,
will be adversely affected by project modifications authorized in
subsection (a) of this section.
(2) In determining whether adjacent agricultural areas will be
adversely affected, the Secretary of the Army shall consider the
impact of any flood protection system proposed to be implemented
pursuant to subsection (c) of this section on such agricultural
areas.
(c) Flood protection; Eight and One-Half Square Mile Area
If the Secretary of the Army makes a determination pursuant to
subsection (b) of this section that the "Eight and One-Half Square
Mile Area" will be adversely affected, the Secretary of the Army is
authorized and directed to construct a flood protection system for
that portion of presently developed land within such area.
(d) Flood protection; adjacent agricultural area
(1) If the Secretary of the Army determines pursuant to
subsection (b) of this section that an adjacent agricultural area
will be adversely affected, the Secretary of the Army is authorized
and directed to construct a flood protection system for such area.
Such determination shall be based on a finding by the Secretary of
the Army that:
(A) the adverse effect will be attributable solely to a project
modification authorized in subsection (a) of this section or to a
flood protection system implemented pursuant to subsection (c) of
this section, or both; and
(B) such modification or flood protection system will result in
a substantial reduction in the economic utility of such area
based on its present agricultural use.

(2) No project modification authorized in subsection (a) of this
section which the Secretary of the Army determines will cause an
adverse effect pursuant to subsection (b) of this section shall be
made operational until the Secretary of the Army has implemented
measures to prevent such adverse effect on the adjacent
agricultural area: Provided, That the Secretary of the Army or the
South Florida Water Management District may operate the
modification to the extent that the Secretary of the Army
determines that such operation will not adversely affect the
adjacent agricultural area: Provided further, That any preventive
measure shall be implemented in a manner that presents the least
prospect of harm to the natural resources of the park.
(3) Any flood protection system implemented by the Secretary of
the Army pursuant to this subsection shall be required only to
provide for flood protection for present agricultural uses within
such adjacent agricultural area.
(4) The acquisition of land authorized in section 410r-6 of this
title shall not be considered a project modification.
(e) Periodic review
(1) Not later than 18 months after the completion of the project
modifications authorized in subsection (a) of this section, and
periodically thereafter, the Secretary of the Army shall review the
determination of adverse effect for adjacent agricultural areas.
(2) In conducting such review, the Secretary of the Army shall
consult with all affected parties, including, but not limited to,
the Secretary, the South Florida Water Management District and
agricultural users within adjacent agricultural areas.
(3) If, on the basis of such review, the Secretary of the Army
determines that an adjacent agricultural area has been, or will be
adversely affected, the Secretary of the Army is authorized and
directed, in accordance with the provisions of subsection (d) of
this section, to construct a flood protection system for such area:
Provided, That the provisions of subsection (d)(2) of this section
shall be applicable only to the extent that the Secretary, in
consultation with the Secretary of the Army, determines that the
park will not be adversely affected.
(4) The provisions of this subsection shall only be applicable if
the Secretary of the Army has previously made a determination that
such adjacent agricultural area will not be adversely affected.
(f) Current canal operating levels
Nothing in this section shall be construed to require or prohibit
the Secretary of the Army or the South Florida Water Management
District from maintaining the water level within any project canal
below the maximum authorized operating level as of December 13,
1989.
(g) No limitation on other claims
If the Secretary of the Army makes a determination of no adverse
effect pursuant to subsection (b) of this section, such
determination shall not be considered as a limitation or
prohibition against any available legal remedy which may otherwise
be available.
(h) Coordination
The Secretary and the Secretary of the Army shall coordinate the
construction program authorized under this section and the land
acquisition program authorized in section 410r-6 of this title in
such a manner as will permit both to proceed concurrently and as
will avoid unreasonable interference with property interests prior
to the acquisition of such interests by the Secretary under section
410r-6 of this title.
(i) West Dade Wellfield
No Federal license, permit, approval, right-of-way or assistance
shall be granted or issued with respect to the West Dade Wellfield
(to be located in the Bird Drive Drainage Basin, as identified in
the Comprehensive Development Master Plan for Dade County, Florida)
until the Secretary, the Governor of the State of Florida, the
South Florida Water Management District and Dade County, Florida
enter into an agreement providing that the South Florida Water
Management District's water use permit for the wellfield, if
granted, must include the following limiting conditions: (1) the
wellfield's peak pumpage rate shall not exceed 140,000,000 gallons
per day; (2) the permit shall include reasonable, enforceable
measures to limit demand on the wellfield in times of water
shortage; and (3) if, during times of water shortage, the District
fails to limit demand on the wellfield pursuant to (2), or if the
District limits demand on the wellfield pursuant to (2), but the
Secretary certifies that operation of the wellfield is still
causing significant adverse impacts on the resources of the Park,
the Governor shall require the South Florida Water Management
District to take necessary actions to alleviate the adverse impact,
including, but not limited to, temporary reductions in the pumpage
from the wellfield.
(j) Protection of natural values
The Secretary of the Army is directed in analysis, design and
engineering associated with the development of a general design
memorandum for works and operations in the "C-111 basin" area of
the East Everglades, to take all measures which are feasible and
consistent with the purposes of the project to protect natural
values associated with Everglades National Park. Upon completion of
a general design memorandum for the area, the Secretary shall
prepare and transmit a report to the Committee on Energy and
Natural Resources and the Committee on Environment and Public Works
of the United States Senate and the Committee on Natural Resources
and the Committee on Public Works and Transportation of the United
States House of Representatives on the status of the natural
resources of the C-111 basin and functionally related lands.
(k) Acquisition of additional lands
(1) Notwithstanding any other provision of sections 410r-5 to
410r-8 of this title, the Secretary is authorized to use funds
appropriated pursuant to sections 410r-5 to 410r-8 of this title,
including any available funds appropriated to the National Park
Service for construction in the Department of the Interior and
Related Agencies Appropriations Acts for fiscal years 1991 through
1994 for project modifications by the Army Corps of Engineers, in
such amounts as determined by the Secretary, to provide Federal
assistance to the State of Florida (including political
subdivisions of the State) for acquisition of lands described in
paragraph (4).
(2) With respect to any lands acquired pursuant to this
subsection, the Secretary may provide not more than 25 percent of
the total cost of such acquisition.
(3) All funds made available pursuant to this subsection shall be
transferred to the State of Florida or a political subdivision of
the State, subject to an agreement that any lands acquired with
such funds will be managed in perpetuity for the restoration of
natural flows to the park or Florida Bay.
(4) The lands referred to in paragraph (1) are those lands or
interests therein adjacent to, or affecting the restoration of
natural water flows to, the park or Florida Bay which are located
east of the park and known as the Frog Pond, Rocky Glades
Agricultural Area, and the Eight-and-One-Half Square-Mile Area.

-SOURCE-
(Pub. L. 101-229, title I, Sec. 104, Dec. 13, 1989, 103 Stat. 1949;
Pub. L. 103-219, Mar. 9, 1994, 108 Stat. 98; Pub. L. 103-437, Sec.
6(d)(9), Nov. 2, 1994, 108 Stat. 4584.)

-REFTEXT-
REFERENCES IN TEXT
Section 1302 of the 1984 Supplemental Appropriations Act,
referred to in subsec. (a)(2), is section 1302 of Pub. L. 98-181,
title I, Nov. 30, 1983, 97 Stat. 1292, which is not classified to
the Code.
The Department of the Interior and Related Agencies
Appropriations Acts for fiscal years 1991 through 1994, referred to
in subsec. (k)(1), are, respectively, Pub. L. 101-512, Nov. 5,
1990, 104 Stat. 1915, Pub. L. 102-154, Nov. 13, 1991, 105 Stat.
990, Pub. L. 102-381, Oct. 5, 1992, 106 Stat. 1374, and Pub. L.
103-138, Nov. 11, 1993, 107 Stat. 1379. For complete classification
of these Acts to the Code, see Tables.


-MISC1-
AMENDMENTS
1994 - Subsecs. (a)(2), (j). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Senate and the
Committee on".
Subsec. (k). Pub. L. 103-219 added subsec. (k).

-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation
and Infrastructure of House of Representatives by section 1(a) of
Pub. L. 104-14, set out as a note preceding section 21 of Title 2.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410r-5, 410r-6, 410r-7 of
this title.

-End-


-CITE-
16 USC SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL
PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL PARK

-HEAD-
SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL PARK

-End-



-CITE-
16 USC Sec. 410s 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410s. Establishment

-STATUTE-
(a) In general
In order to preserve for the benefit of the American people
certain historic structures and properties of outstanding national
significance associated with the opening of the War of the American
Revolution, Minute Man National Historical Park is authorized to be
established in the Commonwealth of Massachusetts. The purposes of
the park shall include the preservation and interpretation of (1)
the historic landscape along the road between Lexington and
Concord, (2) sites associated with the causes and consequences of
the American Revolution, and (3) the Wayside on Lexington Road in
Concord, the home of Nathaniel Hawthorne, Bronson Alcott, Louisa
May Alcott, and Margaret Sidney, whose works illustrate the
nineteenth century American literary renaissance.
(b) Boundaries
The park shall be comprised of the lands depicted on the map
entitled "Boundary Map NARO-406-20015C", dated June 1991.

-SOURCE-
(Pub. L. 86-321, Sec. 1, Sept. 21, 1959, 73 Stat. 591; Pub. L.
91-548, Sec. 1, Dec. 14, 1970, 84 Stat. 1436; Pub. L. 102-488, Sec.
2[(1)], Oct. 24, 1992, 106 Stat. 3135.)


-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-488 substituted "The purposes of
the park shall include the preservation and interpretation of (1)
the historic landscape along the road between Lexington and
Concord, (2) sites associated with the causes and consequences of
the American Revolution, and (3) the Wayside on Lexington Road in
Concord, the home of Nathaniel Hawthorne, Bronson Alcott, Louisa
May Alcott, and Margaret Sidney, whose works illustrate the
nineteenth century American literary renaissance." for "The park
shall comprise not more than seven hundred and fifty acres as may
be designated by the Secretary of the Interior from within the area
beginning at Fiske Hill and thence lying along Massachusetts
Avenue, Marrett Road and Marrett Street in the town of Lexington,
along Nelson Road, Virginia Road, Old Bedford Road, and North Great
Road or State Route 2-A in the town of Lincoln, and along Lexington
Road, Monument Street, Liberty Street and Lowell Road in the town
of Concord to and including the North Bridge and properties on both
sides of the Concord River in the vicinity of the North Bridge."
Subsec. (b). Pub. L. 102-488 added subsec. (b) and struck out
former subsec. (b) which read as follows: "Notwithstanding the
description set forth in subsection (a) of this section, if the
Secretary should determine that the relocation of Highway 2 by the
Commonwealth of Massachusetts makes it desirable to establish new
boundaries in common with, contiguous or adjacent to the proposed
right-of-way for that highway, he is authorized to relocate such
boundaries accordingly, and shall give notice thereof by
publication of a map or other suitable description in the Federal
Register: Provided, That any net acreage increase by reason of the
boundary revision and land exchanges with the Commonwealth shall
not be included in calculations of acreage in regard to the
limitation set forth in subsection (a) of this section, but shall
be in addition thereto."
Subsec. (c). Pub. L. 102-488 struck out subsec. (c) which read as
follows: "Any lands added to the Minute Man National Historical
Park, pursuant to subsection (b) of this section may be acquired
only if such acquisition can be accomplished without cost for land
acquisition and, when so acquired, shall be subject to all laws,
rules, and regulations applicable thereto."
1970 - Pub. L. 91-548 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).

SHORT TITLE OF 1992 AMENDMENT
Section 1 of Pub. L. 102-488 provided that: "This Act [enacting
sections 410x-1 and 410x-2 of this title and amending this section
and sections 410t and 410x of this title] may be cited as the
'Minute Man National Historical Park Amendments of 1991'."

-End-



-CITE-
16 USC Sec. 410t 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410t. Acquisition and transfer of lands; private owner's
retention of right of use and occupancy

-STATUTE-
(a) Acquisition of lands; administrative jurisdiction of Federal
lands; notice in Federal Register
The Secretary of the Interior is authorized to acquire by
donation or with donated funds, or with funds authorized to be
appropriated, lands and interests in lands within the area
designated for the park. Administrative jurisdiction of Federal
lands lying within the area designated for the park shall, with the
concurrence of the Federal agency involved, be transferred to the
Secretary of the Interior for administration as a part of the park.
The park shall be established as Minute Man National Historical
Park by notice in the Federal Register when the Secretary of the
Interior finds that sufficient lands within the designated area
have been acquired to warrant such establishment.
(b) Transfer of lands
The Secretary of the Interior shall transfer, without
reimbursement, to the administrative jurisdiction of the Secretary
of Defense the two parcels currently administered by the Secretary
of the Interior, as depicted on the map dated April 1990 and
numbered NARO-406/80805. The Secretary of Defense shall transfer to
the administrative jurisdiction of the Secretary of the Interior,
without reimbursement, for inclusion in the Minute Man National
Historical Park the 4 parcels now administered by the Secretary of
Defense, as depicted on the maps dated April 1990 and numbered
NARO-406/80804 and NARO-406/80805.
(c) Exceptions and limitations to authorization to acquire lands;
condemnation
The Secretary of the Interior is authorized to acquire by
donation, purchase with donated or appropriated funds, or exchange,
lands or interests in lands within the areas included within the
boundaries of the park pursuant to amendments made by the Minute
Man National Historical Park Amendments of 1991 (hereinafter
referred to as "1991 additions"), except that -
(1) lands, and interests in lands, within the 1991 additions
which are owned by the State of Massachusetts or any political
subdivision thereof, may be acquired only by donation, and
(2) lands, and interests in lands, within the 1991 additions
which are used for noncommercial residential purposes as of July
1, 1991, may be acquired only with the consent of the owner
thereof unless the property is being developed, or is proposed to
be developed, in a manner which the Secretary determines to be
detrimental to the scenic, historical, cultural, and other values
of the park.

Nothing in paragraph (2) shall be construed to prohibit the use of
condemnation as a means of acquiring a clear and marketable title,
free of any and all encumbrances for any lands within the 1991
additions. Not later than 6 months after October 24, 1992, and
after notice and opportunity for public comment, the Secretary of
the Interior shall publish specific guidelines for making
determinations under paragraph (2). Such guidelines shall provide
for (A) written notice to the Secretary prior to commencement of
any proposed development on the lands referred to in paragraph (2),
(B) written notice by the Secretary to the owner of such lands of
any determination proposed to be made under paragraph (2), and (C)
a reasonable opportunity for the owner to comment on such proposed
determination.
(d) Private owner's retention of right of use and occupancy
(1) Any individual who owns private property acquired by the
Secretary under subsection (c) of this section may, on the date of
such acquisition and as a condition of such acquisition, retain for
himself and his successors or assigns, a right of use and occupancy
of the property for a definite term of not more than 25 years from
the date of acquisition by the Secretary or a term ending at the
death of the owner or the owner's spouse, whichever is later. The
owner shall elect the term to be reserved.
(2) Unless the property is wholly or partially donated, the
Secretary shall pay to the owner reserving a right of use and
occupancy under this subsection the fair market value of the
property on the date of its acquisition, less the fair market value
on that date of the right retained by the owner.
(3) For purposes of applying this subsection, ownership shall be
determined as of July 1, 1991.

-SOURCE-
(Pub. L. 86-321, Sec. 2, Sept. 21, 1959, 73 Stat. 591; Pub. L.
102-488, Sec. 2(3)[(2)], Oct. 24, 1992, 106 Stat. 3135.)

-REFTEXT-
REFERENCES IN TEXT
The Minute Man National Historical Park Amendments of 1991,
referred to in subsec. (c), is Pub. L. 102-488, Oct. 24, 1992, 106
Stat. 3135, which enacted sections 410x-1 and 410x-2 of this title,
amended this section and sections 410s and 410x of this title, and
enacted provisions set out as a note under section 410s of this
title. For complete classification of this Act to the Code, see
Short Title of 1992 Amendment note set out under section 410s of
this title and Tables.


-MISC1-
AMENDMENTS
1992 - Pub. L. 102-488 designated existing provisions as subsec.
(a) and added subsecs. (b) to (d).

-End-



-CITE-
16 USC Sec. 410u 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410u. Preservation of historic sites

-STATUTE-
To provide further for the preservation and interpretation of
historic sites, structures, and properties lying along the entire
route or routes where significant events occurred on the 18th and
19th of April 1775, in the cities of Boston, Cambridge, Medford,
and Somerville, and the towns of Arlington, Brookline, Concord,
Lexington, and Lincoln, including the area generally described in
section 410s of this title as lying between Fiske Hill and the
North Bridge, the Secretary of the Interior is authorized, in
accordance with the purposes of this subchapter, to enter into
cooperative agreements with the Commonwealth of Massachusetts,
political subdivisions thereof, corporations, associations, or
individuals, and to erect and maintain tablets or markers, in
accordance with provisions contained in sections 461 to 467 of this
title.

-SOURCE-
(Pub. L. 86-321, Sec. 3, Sept. 21, 1959, 73 Stat. 591.)

-End-



-CITE-
16 USC Sec. 410v 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410v. Appointment and composition of advisory commission

-STATUTE-
The Secretary of the Interior is authorized to appoint an
advisory commission of five members to advise him on the
development of Minute Man National Historical Park, to consist of
one member to be recommended by the selectmen of each of the towns
of Concord, Lexington, and Lincoln, Massachusetts; one member to be
recommended by the Governor of the Commonwealth of Massachusetts;
and one member to be designated by the Secretary.

-SOURCE-
(Pub. L. 86-321, Sec. 4, Sept. 21, 1959, 73 Stat. 591.)


-MISC1-
TERMINATION OF ADVISORY COMMISSIONS
Advisory commissions in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a commission established by the
President or an officer of the Federal Government, such commission
is renewed by appropriate action prior to the expiration of such
2-year period, or in the case of a commission established by the
Congress, its duration is otherwise provided for by law. See
sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,
776, set out in the Appendix to Title 5, Government Organization
and Employees.

-End-



-CITE-
16 USC Sec. 410w 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410w. Administration, protection, and development

-STATUTE-
When established pursuant to this subchapter, the park shall be
administered, protected, and developed by the Secretary of the
Interior in accordance with the provisions of sections 1, 2, 3, and
4 of this title, as amended and supplemented, and sections 461 to
467 of this title.

-SOURCE-
(Pub. L. 86-321, Sec. 5, Sept. 21, 1959, 73 Stat. 592.)

-End-



-CITE-
16 USC Sec. 410x 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410x. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated such sums, but not more
than $13,900,000, as may be needed for the acquisition of lands and
interests in lands and for development of the Minute Man National
Historical Park, of which not more than $10,900,000 shall be used
for acquisition purposes, and in addition thereto, such sums as may
be needed for its administration and maintenance. For fiscal years
after fiscal year 1991, there is authorized to be appropriated an
additional $15,000,000 for development and an additional $7,300,000
for acquisition of lands and interests in lands.

-SOURCE-
(Pub. L. 86-321, Sec. 6, Sept. 21, 1959, 73 Stat. 592; Pub. L.
91-548, Sec. 2, Dec. 14, 1970, 84 Stat. 1437; Pub. L. 102-488, Sec.
2(4)[(3)], Oct. 24, 1992, 106 Stat. 3136.)


-MISC1-
AMENDMENTS
1992 - Pub. L. 102-488 inserted at end "For fiscal years after
fiscal year 1991, there is authorized to be appropriated an
additional $15,000,000 for development and an additional $7,300,000
for acquisition of lands and interests in lands."
1970 - Pub. L. 91-548 substituted "$13,900,000" for "$8,000,000"
and "$10,900,000" for "$5,000,000".

-End-



-CITE-
16 USC Sec. 410x-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410x-1. Residential occupancy

-STATUTE-
(a) Offer
In the case of each individual who -
(1) sold residential property between 1966 and 1968 to the
United States for purposes of the park, and
(2) continues to occupy such residential property pursuant to a
residential special use permit as of October 24, 1992,

the Secretary of the Interior shall offer to extend such
residential special use permit for a term ending on the death of
such individual or such individual's spouse, whichever is later.
(b) Terms and conditions
Any residential special use permit extended pursuant to
subsection (a) of this section shall -
(1) permit the reasonable residential use and occupancy of the
property by the individual to whom such permit is granted and
such individual's spouse; and
(2) be subject to such terms and conditions as the Secretary
may prescribe (including termination) to ensure that the permit
does not unreasonably diminish the values of the park.

The extension of any such residential special use permit shall be
conditional upon the payment by the individual holding such permit
of an annual fee in the same amount as required as of July 1, 1991.

-SOURCE-
(Pub. L. 86-321, Sec. 7, as added Pub. L. 102-488, Sec. 2(5)[(4)],
Oct. 24, 1992, 106 Stat. 3136.)

-End-



-CITE-
16 USC Sec. 410x-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410x-2. "Residential property" defined

-STATUTE-
As used in this subchapter, the term "residential property" means
a single-family dwelling, the construction of which began before
July 1, 1991, together with such land on which the dwelling and
appurtenant buildings are located as is in the same ownership as
such dwelling and as the Secretary designates as reasonably
necessary for the owner's continued use and occupancy of the
dwelling.

-SOURCE-
(Pub. L. 86-321, Sec. 8, as added Pub. L. 102-488, Sec. 2(5)[(4)],
Oct. 24, 1992, 106 Stat. 3137.)

-End-


-CITE-
16 USC SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL
NATIONAL HISTORICAL PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK

-HEAD-
SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK

-End-



-CITE-
16 USC Sec. 410y 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410y. Definitions

-STATUTE-
As used in this subchapter -
(a) "Park" means the Chesapeake and Ohio Canal National
Historical Park, as herein established.
(b) "Canal" means the Chesapeake and Ohio Canal, including its
towpath.
(c) "Secretary" means the Secretary of the Interior.
(d) "State" means any State, and includes the District of
Columbia.
(e) "Local government" means any political subdivision of a
State, including a county, municipality, city, town, township, or a
school or other special district created pursuant to State law.
(f) "Person" means any individual, partnership, corporation,
private nonprofit organization, or club.
(g) "Landowner" means any person, local government, or State
owning, or on reasonable grounds professing to own, lands or
interests in lands adjacent to or in the vicinity of the park.

-SOURCE-
(Pub. L. 91-664, Sec. 2, Jan. 8, 1971, 84 Stat. 1978.)


-MISC1-
SHORT TITLE
Section 1 of Pub. L. 91-664, Jan. 8, 1971, 84 Stat. 1978,
provided: "That this Act [enacting this subchapter] shall be known
as the 'Chesapeake and Ohio Canal Development Act'."

DEDICATION TO JUSTICE WILLIAM O. DOUGLAS
Pub. L. 95-11, Mar. 15, 1977, 91 Stat. 21, provided: "That the
canal and towpath of the Chesapeake and Ohio Canal National
Historical Park are hereby dedicated to Justice William O. Douglas
in grateful recognition of his long outstanding service as a
prominent American conservationist and for his efforts to preserve
and protect the canal and towpath from development.
"Sec. 2. In order to carry out the provisions of this Act, the
Secretary of the Interior is authorized and directed to provide
such identification by signs, including, but not limited to changes
in existing signs, materials, maps, markers, interpretive programs
or other means as will appropriately inform the public of the
contributions of Justice William O. Douglas.
"Sec.3. The Secretary of the Interior is further authorized and (continued)